H.B. 49

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FIREARMS REVISIONS

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2012 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Paul Ray

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Senate Sponsor:
____________

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LONG TITLE
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General Description:
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This bill deals with provisions related to the possession of a firearm or dangerous
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weapon.
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Highlighted Provisions:
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This bill:
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. provides that in the absence of additional threatening behavior, the otherwise lawful
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possession of a firearm or dangerous weapon, whether visible or concealed, is not a
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violation of certain statutory provisions;
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. provides that governmental entities may not enact, maintain, or enforce firearm or
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dangerous weapon laws, ordinances, rules, or regulations without explicit authority
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granted by the Legislature;
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. provides that where authority has been granted to a governmental entity by the
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Legislature to regulate firearms or other dangerous weapons, any law, ordinance,
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rule, regulation, code of conduct, or contractual obligation based on that grant shall
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reference the grant and detail the conduct that is limited or prohibited pursuant to
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the grant; and
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. voids any firearm or dangerous weapon law, ordinance, rule, regulation, code of
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conduct, or contractual obligation that does not reference the applicable legislative
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grant of authority and detail the conduct that is limited or prohibited pursuant to the
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grant.

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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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76-10-532, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-532
is enacted to read:
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76-10-532. Possession of firearms or other dangerous weapons as applied to
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interpreting general laws.
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(1) In the absence of additional threatening behavior, the otherwise lawful possession
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of a firearm or other dangerous weapon, whether visible or concealed, is not a violation of
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Section
10-8-47
,
10-8-50
,
76-6-206
,
76-8-703
,
76-8-704
,
76-8-705
,
76-9-102
,
76-9-103
,
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76-9-104
,
76-9-106
,
76-10-506
, or
76-10-507
.
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(2) Except where explicit authority to regulate firearms or other dangerous weapons
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has been granted by the Legislature, a local authority, political subdivision, municipality, or any
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other state entity may not enact, maintain, or enforce a law, ordinance, rule, regulation, code of
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conduct, or contractual obligation that limits or prevents the otherwise lawful possession of a
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firearm or other dangerous weapon, whether visible or concealed.
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(3) If explicit authority has been granted by the Legislature to a local authority,
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political subdivision, municipality, or other state entity to regulate firearms or other dangerous
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weapons, any law, ordinance, rule, regulation, code of conduct, or contractual obligation based
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on that explicit grant of authority shall:
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(a) reference the statute that grants the authority to regulate the firearm or other
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dangerous weapon;
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(b) detail specifically the conduct involving a firearm or other dangerous weapon that
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is limited or prohibited; and
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(c) use the term firearm if the prohibition or limitation only involves a firearm.
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(4) A firearm or dangerous weapon law, ordinance, rule, regulation, code of conduct,

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or contractual obligation enacted, made, adopted, or entered into by a local authority, political
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subdivision, municipality, or other state entity that does not meet the requirements of
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Subsection (3) is void.